If you believe a surgical error caused your injury, you may be able to file a medical malpractice claim. At DM Injury Law, we help people in Topeka understand what happened, investigate whether negligence played a role, and pursue the compensation they need to move forward.
Call us today for a free consultation of your case. We work on a contingency fee basis, which means you pay nothing up front or out of pocket. You have no financial risk in calling us.
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What Counts as a Surgical Error?
Surgery malpractice occurs when a medical worker makes a preventable mistake while conducting an operation. Not every surgery has a perfect outcome, and that doesn't automatically mean someone was negligent.
Every procedure carries risks that should be explained before surgery. The difference is whether your medical team followed the accepted standard of care. When they don't, and that mistake causes harm, it may be considered medical malpractice.
Some of the surgical errors we commonly see include:
- Wrong-Site Surgery: This occurs when a surgeon operates on the wrong body part or performs a procedure on the wrong patient.
- Anesthesia Errors: These can occur when a patient receives too much, too little, or the wrong type of anesthesia.
- Leaving Surgical Instruments Inside the Body: Sponges, clamps, or other surgical tools may be accidentally left inside a patient after a procedure.
- Nerve Damage: Careless incisions, improper positioning, or poor surgical technique can cause serious or permanent nerve damage.
- Surgical Infections: Patients may develop infections when medical providers fail to follow proper sterile procedures.
- Unnecessary Surgery: A patient may undergo a procedure that was not medically necessary or appropriate.
- Failure to Control Bleeding: Failing to properly manage bleeding can lead to serious complications during or after surgery.
Who Can Be Held Liable for a Surgical Error in Kansas?
Surgery involves an entire team, and several people or organizations may share responsibility if something goes wrong. This includes:
- The Surgeon: The surgeon may be liable if they deviated from the accepted standard of care during the procedure.
- The Anesthesiologist: The anesthesiologist may be liable if improper dosing, inadequate monitoring, or failure to review your medical history caused harm.
- Other Surgical Staff: Nurses, surgical assistants, and other staff may be liable if miscommunication, improper preparation, or inadequate post-operative care contributed to your injury.
- The Hospital or Facility: The hospital or surgical facility may be liable if it failed to properly train or credential staff, maintain sterile conditions, or provide safe equipment.
Part of our job is figuring out exactly when the negligence occurred. We review medical records, hospital procedures, and expert opinions to identify everyone who may be responsible.
What Compensation Can You Pursue?
Surgical errors can have life-altering consequences. Medical bills pile up, recovery takes longer, and the emotional toll can be just as significant as the physical one. Kansas law allows injured patients to seek both economic and non-economic damages.
Economic Damages
- Additional medical expenses to correct the error, including corrective surgeries and rehabilitation
- Lost wages from work missed during your recovery
- Reduced future earning capacity if the error caused lasting limitations
- Ongoing treatment costs for complications stemming from the surgical mistake
Non-Economic Damages
- Physical pain and suffering caused by the error and its aftermath
- Emotional distress and anxiety
- Loss of enjoyment of activities you could participate in before the injury
- Permanent impairment or disfigurement
Kansas places no cap on pain and suffering damages in medical malpractice cases, according to the National Conference of State Legislatures. That means the full extent of your non-economic harm can be included in your claim.
Contact DM Injury Law's Topeka surgical malpractice attorneys today to set up a free consultation of your case.
What Our Clients Say About Us
Why Choose DM Injury Law?
Surgical malpractice cases often involve large hospital systems, insurance companies, and complex medical evidence. You deserve a legal team with the resources to thoroughly investigate what happened and build a strong case.
- A Full Team Behind Your Case: You are not hiring just one attorney. Our team includes medical record specialists, case managers, investigators, and legal professionals who work together to understand what happened and gather the evidence needed to support your claim.
- Proven Results Since 2013: Since 2013, DM Injury Law has recovered more than $1 billion for injured clients throughout the Midwest. Every case is different, but we approach each one with thorough preparation and clear communication.
- No Fee Unless We Win: We work on a contingency fee basis, which means you pay nothing upfront. We only collect a fee if we recover compensation for you.
- A Free Consultation with No Obligation: You can speak with our team, explain what happened, and get answers about your situation without any obligation to hire us.
Topeka Surgery Malpractice FAQs
How do I know if I have a surgical error case?
If you experienced an unexpected complication after surgery and believe a medical professional's negligence was involved, you may have a claim. Common indicators include a diagnosis that conflicts with your surgical outcome, a complication your surgeon failed to disclose as a risk, or physical evidence of an error.
Will my case go to trial?
Most medical malpractice cases resolve through settlement negotiations. However, if a fair offer is not on the table, our trial attorneys are fully prepared to take your case to court.
What should I do right now if I think I was a victim of a surgical error?
Request copies of your medical records from the facility where the procedure occurred, document your symptoms and how they have changed, and contact a surgical error attorney as soon as possible.
Does having a pre-existing condition hurt my claim?
No. Having a pre-existing condition does not prevent you from filing a surgical error claim. The relevant question is whether the medical professional's negligence caused new harm or worsened your existing condition beyond what a competent surgeon would have caused.
Talk to a Topeka Surgical Error Lawyer Today
You trusted your medical team to provide safe care. If a preventable mistake changed your life, you deserve honest answers about what happened and what your options are. Reach out to our surgical malpractice attorneys in Topeka for a free consultation. There is no upfront cost, and you pay nothing unless we recover compensation for you.